For work on behalf of the insured, Farallon provides technical support as the insured navigates the environmental claim process. This may involve conducting historical research of a property and vicinity, assessing potential sources, establishing the timing of releases of hazardous substances, and/or confirming the presence of third-party damage (e.g., impacted groundwater or off-property soil). For covered claims, we assess cleanup costs to support potential cash-out settlements by insurance companies. We also provide litigation support as consulting experts and/or testifying experts for cases against insurance companies.
For technical support on behalf of insurance companies, we review past and estimated future costs, either incurred or proposed by others; evaluate whether costs are “reasonable and necessary”; and categorize costs as either investigation (defense), cleanup (indemnity), or other noncovered costs. As part of the review process, we assess whether the releases of hazardous substances were either sudden and accidental, or expected and intentional. We provide technical support to claims managers to confirm that investigations and cleanup actions by contractors on behalf of the policyholder are performed in accordance with industry standards and relevant regulations. We also provide consulting expert support on behalf of insurance companies during cost allocation, and expert witness support for mediation and trial.
